Disc Replacement

[Pai Mel]

I can't find the thread where this discussion took place but there was somebody who had a cracked game disc and wanted to know if EB would replace it since he was charged the extra for disc warranty, and someone else said that EB only covers scratches not cracks... Well I just wanted to add to this:

What is it that is always being pointed out when we buy software?
Isn't it that what we are actually paying for is not the material cost of the disc, manuals, and packaging, but for a licence to use the software?

So even though this person had intentionally cracked his game disc, that would not necessarily constitute a broken licence, right?

Shouldn't the person be entitled to a cheap replacement of the damaged media, given that they have already paid full price for the software licence?

Mebbe, EB shouldn't have to cover the cost of such a replacement, but I think at least the buyer of the game should be able to post the damaged disc to the game publisher's warranty division and get a replacement disc for just the cost of the media and postage. And we all know media only costs a few cents.

Anyway I just thought I'd point that out in case anyone was feeling shy about trying to obtain a replacement for a damaged disc:

You paid $99.99 for a licence to play the game. You did not pay $99.99 for a game disc.

[McChimp]

Valid point there, pai. Not sure if that's how it works, but legally you'd think that that's the way it'd work.

EDIT: Okay, did a quick google to see how things like this stand, and under the search 'Consumer Rights: Damaged goods', it had this to say:

You are not entitled to anything if you:
*examined the goods when you bought them and should have seen the fault;
*were told about the fault;
*simply change your mind;
*made a mistake when you bought the goods;
*did the damage yourself.

[Halt, Hammerzeit]

I think in this case, you're buying a good, not a licence, which means that one the good is broken, you don't have access to it anymore.

It still seems to me to be a grey area, but I think as long as there's something physical that the game is connected to (as opposed to digital), companies won't just supply you with another copy if it get broken, regardless of if it's accidental or not.

[McChimp]

Yeah, the whole 'grey area' thing you mention has me thinking, because in the info I looked up, it specifically says you can't return goods if you merely 'change your mind', cos EB does this no questions asked. Then again, so-long as they're getting back a good-condition copy, I guess they wouldn't be too fussed, whereas with something that's damaged beyond repair, they'd be losing out if they took it back and replaced it.

That said, the 'physical copy' side of things also has me thinking, because when you download a digital copy of something and, say, you delete it or lose it somehow, you can DL it over and over again no hassles (that I can think of). No-doubt it's because the physical copy comes with added cost, whereas digital doesn't (or if it does, not AS MUCH cost).

Digital copy = license, Physical copy = goods, and therefore fall under different categories of 'ownership'.

[Fenrir]

Valid point there, pai. Not sure if that's how it works, but legally you'd think that that's the way it'd work.
I wouldn't - it's the sort of double standard I'd expect to slip under the legislative radar. Nevertheless, it's not unthinkable that a company rep may get an enlightened chuckle from your request, and humbly oblige for the sake of good PR.

Actually, my younger cousins' Guitar Hero 3 disc ended up scratched into uselessness - I might try this on their behalf.

EDIT: incidentally, this is the subject I'd hoped this thread would be about when I saw the title. gg, that.

[sausage]

Me: Hi, welcome to Sausage Games, can I help you?

Jethro: Hur, I deliberately broke my game disk to piss off my girlfriend last night can you replace it please?

Me: Before I punch you in the face can I interest you in health insurance?

[Thraxas]

I once had a disc broken by a cousin of mine. I contacted the people listed in the back of the game manual.

I had to send in the original copy of my receipt and the broken game disc and a cheque for £10 or maybe £15 (it was a long time ago so I'm not quite sure). They then sent me a replacement disc along with my receipt.

[Halt, Hammerzeit]

Yeah, the whole 'grey area' thing you mention has me thinking, because in the info I looked up, it specifically says you can't return goods if you merely 'change your mind', cos EB does this no questions asked. Then again, so-long as they're getting back a good-condition copy, I guess they wouldn't be too fussed, whereas with something that's damaged beyond repair, they'd be losing out if they took it back and replaced it.

Legally, anybody can refuse to refund a good because the customer changed their mind, but with EB, it's a policy where you can take it back as long as it's in resellable condition. You'll notice they don't offer the 7 day return policy on sealed accessories.

[Spazzallo]

That person was me btw and I returned my cracked disc today and got a new one :).

Story was as follows.

Bought the Special Edition Halo 3 from England a while back but when I received it, it was so badly scratched it didn't work. A few weeks later I stepped on the box accidentally and the middle of the disc cracked. I bought a new copy from EB but the bastards charged me the $3 game garuntee without me knowing because I bought some other stuff. So I returned my broken disc with the new box and the guy their said to me 'we take back anything as long as the disc is not snapped, you can even carve your name in it'.

So I scored myself a working copy of Halo because those scumbags cheated me out of my 3 bucks :).

I do agree though. How bloody expensive is it for a company to create another disc to send out? As long as you can prove that your disc is destroyed the cost of replacement should not be high at all.